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For the past 20 years
Professor Renner has done research, service, and social action in
the area of sexual assault and child sexual abuse.
The work began in Halifax, Nova Scotia in Canada with the
establishment of the Service for Sexual Assault Victims by his
community psychology class at Dalhousie University (Renner & Keith,
1985). The work continued when he become a Research Professor at
Carleton University in Ottawa, ON, Canada. Over this period of time,
Professor Renner's research group, often in collaboration with local
sexual assault services, have made numerous scholarly contributions
to the field. In September of 1998 they launched a National Social
Action Program (NSAP, 1998) in Canada to press for reforms in the
criminal justice process. To data, this work has resulted in:
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Seventeen scholarly
papers and publications (see the "NAPASA
Reference" section of this website).
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National media
attention, including the largest response to the central office in
the history of the Canadian Psychological Association to an article
published in a CPA journal (CPA, 1997a, 1997b).
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An invited
presentation of the research to the Executive of the Department of
Justice, Government of Canada.
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A role in the
consultation paper issued by the Department of Justice regarding
proposed changes to the Criminal Code of Canada and to the Canadian
Evidence Act (Department of Justice Canada, 1999a, 1999b).
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A three-step program
(see "Applied NAPASA Materials" on this website) for local social action by
local sexual assault services with applied materials available for
down loading from web-sites in both the English and French languages
(www.carleton.ca/~erenner/nsap.html).
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An invited
presentation by the National Judicial Institute of Canada to a
selected group of Canadian Judges.
The legal issues
which we have address through our research in Canada are virtually
identical to the legal issues victims of sexual assault and child
sexual abuse face here in the United States. Despite the similarity
of issues, our work has gone largely unrecognized in the US.
As a retired professor, a US citizen, living full time in the United
States, Professor Renner has adapted the work on sexual assault and
abuse to the United States, and introduced a parallel National
Action Plan Against Sexual Assault (NAPASA) here.
REVIEW OF PREVIOUS WORK
Basic Research Findings
Our empirical data came from the cases of the sexual assault service
(2,500), the court records (n=1,050), and from transcripts and
direct observations of trials (n=105). We compared the information
reported directly by victims to the profile provided by cases which
reached the criminal justice system. Among the cases reaching the
criminal justice system we compared the treatment of sexual assault
and abuse cases with the treatment of robbery and assault cases (Yurchesyn,
Keith & Renner, 1992; Renner & Yurchesyn & Renner, 1994; Renner,
Alksnis & Park, 1997; Renner, 2002).
The clear picture was one of selectivity and disparity to the
disadvantage of women and children who are victims of sexual
assault. Only atypical sexual assault and abuse cases selectively
reach the criminal justice system, and once into the system those
case are treated differentially. Three factors of relationship, harm
and danger accounted for the selectivity and disparity which denied
women and child victims of sexual assault and abuse equality and
justice.
Relationship.
When ever there is a relationship between the victim and the
offender the victim is held partially responsible for the offense
and the court is more lenient.
Harm. When ever there is no clear evidence of physical harm
to the victim the offense is treated as less serious and the court
is more lenient.
Danger. When ever the offender has good character and is not
associated with a criminal or underclass life style the offense is
treated as less serious and the court is more lenient.
These three factors
which determine which cases are selected into the criminal justice
system and which ones are treated as serious are also the three
primary social conditions which define the relationship of women and
children to the men who sexually assault and abuse them. In short,
the criminal justice system has confounded the social nature of
sexual assault and abuse with the legal criterion for leniency.
Thus, the reality of women and children who live socially normative
lives is to receive less than the full protection of law from sexual
assault and abuse.
Our observations of court cases and the formal analysis of
transcripts identified 24 distinct mechanisms (themes and tactics
concerning relationship, harm and danger) which regularly occur in
the court room and account for the selectivity and disparity
revealed by the discounting of severity. These mechanism distort the
true nature of sexual assault for adult women and hold children
responsible for their sexuality. These are procedural failures of
justice that can be directly challenged in the court room (Renner,
2002).
National Social Action Plan
Our conclusion that these outcomes represent a failure of "social"
or "fundamental" justice require forms of social action to bring
about the necessary reforms. We have proposed a three prong social
action plan that can be carried out by local grass roots groups (NSAP,
1998). These are:
Document the
Outrageous. Sexual assault and abuse cases receive extensive
local coverage, but only rarely national coverage of some
sensational case. Consciousness raising of the issues must take
place a the local level. Our court observation system is
transferable and may be downloaded free. A few courtroom observers
at the local level can record the mechanisms through which
relationship, harm and danger operate to discount the treatment of
sexual assault and abuse by the criminal justice process. This step
addresses injustice to women and children as a social issue by
providing advocates a unifying vocabulary and objective data to
speak about local cases.
Challenge the Legal System. Each community group has access
to the local State Attorney who is responsible for prosecuting local
cases. The material enables a willing prosecutor to raise objections
to the troublesome themes and tactics we have identified, and to
appeal those cases where the objection is not sustained. Because the
arguments rest of matters of fundamental justice (equity and
fairness) no immediate new legislation is required
(L’Heureux-Dubé,2001; Murphy, 2001). Forcing the legal issues of
selectivity and disparity into the appeal process is a direct route
to reform. (Some clarifying legislation will be required at some
time, but the starting point is the appeal process to isolate the
ways specific current practices are incompatible with the
constitutional requirements of equality and fairness before the law
(Alksnis, 2001; Renner, 2002).)
Supporting Victims. Because there are a finite number (24
identified in our research) of mechanism through which the
distortions take place, adult victims in particular can be prepared
to avoid falling into the traps which result in discounting the
severity of the offense. In the case of children, other third
parties, and in particular judges, can assume this role by
intervening to ensure that the court in the process of protecting
the child from sexual exploitation by an adult do not in turn allow
the legal process to exploit the child in a similar way (Park &
Renner, 1998).
Media Attention
Our conclusion that the criminal justice system "discounts" male
sexual violence against women and children, and thus contributes to
the very problem for which it is the supposed remedy, confirms the
subjective claims of women and children who have been victims and
the observations of sexual assault services. This face validity for
the empirical evidence is both news worth and readily comprehensible
to those who provide direct service. In Canada, our work has
received front page treatment in the Globe and Mail
and the Toronto Star (Canada’s national newspapers) as well
as many local newspapers, and prime time news coverage by CBC radio
and television. My essay series appeared as full page in the
Montreal Gazette on June 23, 1997, as well as in other
newspapers. There is an important story to be told, a receptive
media, and a large audience of women and children who have directly
experienced the selectivity and disparity of which I speak, and who
are desperately in need of validation and vindication.
REFERENCES
Alksnis, C. Fundamental Justice is the Issue: Extending Full
Equality of the Law to Women and Children. Journal of Social
Distress and the Homeless, 2001, 10, 69-86.
CPA. CP Article in National Spotlight. Psynopsis, Summer,
1997 a.
CPA. From News to Social Action: CP Article Stirs National Debate.
Psynopsis, Fall, 1997 b.
Department of Justice, Canada. Child Victims and the Criminal
Justice System: A Consultation Paper. Author: 1999 a.
Department of Justice, Canada. Child Victims and the Criminal
Justice System: Technical Background Paper. Author: 1999 b.
L’Heureux-Dubé, Madame Justice Claire. Beyond the Myths: Equity,
Impartiality, and Justice. Journal of Social Distress and the
Homeless, 2001, 10, 87-104.
Murphy, W. The Victim Advocacy Research Group: Serving a Growing
Need to Provide Rape Victims with Personal Legal Representation to
Protect Privacy Rights and to Fight Gender Bias in the Criminal
Justice System. Journal of Social Distress and the Homeless,
2001, 10, 123-138.
NSAP. National Social Action Program.
www.carleton.ca/~erenner/nsap.html,
1998.
Park, L., & Renner, K. E. The failure to acknowledge differences in
developmental capabilities leads to unjust outcomes for child
witnesses in sexual abuse cases. Canadian Journal of Community
Mental Health, 1998, 17, 5-19.
Renner, K. E., & Keith, A. The establishment of a crisis
intervention service for victims of sexual assault. Canadian
Journal of Community Mental Health, 1985, 4, 113-123.
Renner, K. E., & Yurchesyn, K. Sexual Robbery: The missing concept
in the search for an Appropriate Legal Metaphor for Sexual
Aggression. Canadian Journal of Behavioural Science, 1994,
26, 41-51.
Renner, K. E., Alksnis, C., & Park, L. The standard of social
justice as a research process. Canadian Psychology, 1997, 38,
91-102.
Renner, K. E. Re-conceptualizing sexual assault: From an intractable
social problem to a manageable process of social change. In Debra
Kelley & James Hodgson, eds., Sexual Violence: Policies,
Practices and Challenges. In Press. Greenwood Publishing: 2002.
Yurchesyn, K., Keith, A., & Renner, K. E. Contrasting perspectives
on the nature of sexual assault provided by a service for sexual
assault victims and by the law courts. Canadian Journal of
Behavioural Science, 1992, 24, 71-85.
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